IN THE CASE OF:
BOARD DATE: 01 April 2010
DOCKET NUMBER: AR20090013336
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests his date of Federal recognition, effective date, and date of rank (DOR) for first lieutenant be corrected to 14 May 2009, the date he completed 2 years as a second lieutenant.
2. The applicant states he was commissioned under the Early Commissioning Program (ECP) on 14 May 2007 and he met the 2-year time grade for promotion to first lieutenant on 14 May 2009.
3. The applicant provides copies of his DA Form 71 (Oath of Office - Military Personnel), promotion orders to first lieutenant, and orders extending permanent Federal recognition as a first lieutenant.
CONSIDERATION OF EVIDENCE:
1. On 14 May 2007, the applicant was commissioned a second lieutenant in the U.S. Army Reserve (USAR) under the ECP to complete his baccalaureate degree.
2. Effective 14 August 2007, the applicant was appointed a second lieutenant in the Virginia Army National Guard (VAARNG). His DOR was 14 May 2007.
3. National Guard Bureau (NGB) Special Orders 207 AR, dated 11 August 2008, extended the applicant permanent Federal recognition as a second lieutenant effective 14 August 2007.
4. VAARNG Orders 177-023, dated 26 June 2009, promoted the applicant to the rank of first lieutenant effective 14 May 2009.
5. VAARNG Orders 191-023, dated 10 July 2009, amended the effective date of the applicant's promotion to the rank of first lieutenant to 14 August 2009.
6. NGB Special Orders 168 AR, dated 13 July 2009, extended the applicant permanent Federal recognition as a first lieutenant effective 14 August 2009.
7. On 28 July 2009, the applicant completed the Field Artillery Basic Officer Leader Course.
8. The applicant received his Bachelor of Arts Degree in Liberal Studies in September 2009.
9. An initial advisory opinion was received from the Chief, Personnel Division, NGB on 24 December 2009. The advisory official recommended the applicant's promotion date and DOR be adjusted to 28 July 2009 (the date he completed the Officer Basic Course) and that he receive any back pay and allowances as a result of the adjustment.
10. An undated corrected copy of NGB's opinion recommended the applicant's promotion date and DOR be adjusted to 14 May 2009 (the date he met the
2 year time in grade requirement for promotion to first lieutenant).
11. The applicant was provided a copy of both of the rendered advisory opinions for information and to allow him the opportunity to submit comments or a rebuttal; however, no response has been received from the applicant.
12. A Department of the Army memorandum, dated 14 January 2005, from the Office of the Deputy Chief of Staff, G-1 provides that all reserve component officers (USAR and ARNG) in the rank of second lieutenant will be promoted to first lieutenant by the Human Resources Command (HRC) - Office of Promotions (Reserve Components) or the NGB, as appropriate, when they meet the
24-month time in grade requirement for promotion and complete the Officer Basic Course (OBC).
13. National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) states during the 36 months they are allowed to completed their bachelor's degree, ECP second lieutenants may be promoted to first lieutenant without first attending OBC, at 24 months of commission service, but may not be promoted to captain until successfully completing OBC, the officer advanced course, and baccalaureate degree requirements.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his date of Federal recognition, effective date, and DOR for first lieutenant should be 14 May 2009, the date he completed 2 years as a second lieutenant.
2. The applicant met the 2-year requirement for promotion to first lieutenant on
14 May 2009. He was an ECP officer and was authorized promotion without completing OBC. The applicant's records did not reveal any unfavorable information to cause a delay in his promotion to first lieutenant.
3. In view of the above, it is appropriate to change the applicant's effective date of promotion to first lieutenant and DOR to 14 May 2009. In addition, it is appropriate to award him permanent Federal recognition for promotion to first lieutenant with an effective date of 14 May 2009 with entitlement to any back pay and allowances that may be due as a result of this action.
BOARD VOTE:
____X__ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by changing the applicant's effective date and DOR to first lieutenant to 14 May 2009 and amending NGB Federal Recognition Special Orders Number 168 AR, dated 13 July 2009, to show that he was extended Federal recognition effective 14 May 2009 in the grade of first lieutenant with entitlement to back pay and allowances based on this adjustment.
2. Additionally, the Defense Finance and Accounting Office (DFAS) should audit the applicant's pay records and provide the applicant any pay and allowances due him based on the above corrections.
__________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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